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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3501
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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What are my rights in regards to a separation (5yr live

Customer Question

what are my rights in regards ***** ***** separation (5yr live together relationship)
partner being charged with assult against me..history of medical/finacial/everyday neglect,emotional/sexual/physical abuse.
I am on medical disability 3yrs (severe depression/anxiety/fear to be in public places have trouble leaving the house)..he is cutting me off of everything
we live in same yard as his mother (mothers land)
worried they are going to kick me out have nowhere else to live...
what can i do and what are my rights
Submitted: 2 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 years ago.

Hello, thank you for the question.

What province are you in? Are there any minor children of the relationship? Can you tell me more about the living arrangements?

Just so you know, I don't do phone calls. You're better off having all our communications here in writing that you can refer to later.

Customer: replied 2 years ago.
Live in Alberta, regarding living conditions nothing on paper stating common law but he has taken on the role as my provider had asked me to move in with him when I had lost my job due to my medical conditions 5 yrs ago... Has my conditions worsened the neglect and abuse started he has cut me off a lot of even the basic necessities., if you want I can give you a lot more details regarding the neglect and abuse(all areas/types of abuse).. i have been labeled with PTSD.. he also abused his exwife which I just found out about
Customer: replied 2 years ago.
I am not proud of this but He has used imitation and force to get sex out of me, he repeatedly tells me to hurry up and die commit suicide even told me he would help me to do it then told to go pick a street corner and solicit myself and told that I don't deserve to be loved or respected because I don't have a job
Customer: replied 2 years ago.
Back in May he did nothing when his brother grabbed me by the throat twice he actually laughed about it with his brother later his brother also has a history of abuse towards women
Customer: replied 2 years ago.
That is just some of the incidences I've had to live with
Customer: replied 2 years ago.
He is an alcoholic and a drug user also
Customer: replied 2 years ago.
I have helped out financially with bills and groceries and I do everything and I mean everything around the house and the yard all repairs and maintenance is done by me he won't even take out a bag of garbage.. I I'm not exaggerating regarding this. Doesn't matter if I'm ill or not he still has not even yet to drive me to the hospital when I needed to go
Expert:  Ulysses101 replied 2 years ago.

And you live on his mother's property? Can you tell me about those arrangements?

Customer: replied 2 years ago.
He has a trailer on the property which we live in there is nothing on paper stating rent he is supposed to be giving his mother money monthly to cover the power and gas bills which he does not do very often I have in the past a few times given her cash but have no receipts. There is absolutely no paper trail to anything but I have been out here on the property living with her son for five years and he and I do live in a common law situation. We always have unfortunately claimed single on income tax and that is because he doesn't want me to lose my monthly medical cheque
Customer: replied 2 years ago.
He has stated with his previous employer with regards ***** ***** papers claiming me as his common law spouse
Expert:  Ulysses101 replied 2 years ago.

OK, it's clear that there's evidence of you two having been common law. But since you're not married, and I assume that you're not on title to the trailer, he could technically evict you.

Your recounting about the abuse you've been through is heartbreaking. If the relationship is over you should find somewhere else to go right away. I hope that there's a shelter nearby, you could always go there where you'll be safe, have access to social services to help you get housing and legal aid and counselling, and be with others who understand what you're going through.

You have rights to property and to support, but that will either have to be negotiated or ordered by a judge. First thing is for you to get somewhere safe.

If it's over then it's time to leave him and get started on setting up your new life without him.

If there's anything else about this you'd like to discuss then please reply, but if we're finished I'd appreciate a positive service rating please.

Customer: replied 2 years ago.
things are over and i have been packing up just my belongings..i dont want anything to do with the property..what do you mean SUPPORT PAYMENTS..could i take him to court regarding the neglect and emotional/sexual abuse and i cant afford a lawyer what options do i have in regards ***** *****
Customer: replied 2 years ago.
also his mother has put padlocks on garage etc how am i to get my belongings from there..she refuses to answer her door or answer any of my calls is it illegal for me to remove the locks
Customer: replied 2 years ago.
if they or shall i say when they do evict me how long do i have to pack up
Expert:  Ulysses101 replied 2 years ago.

Unless you're on title to the property you're in, you could be evicted at any time. So I recommend that you not worry about all of things, just what you can pack up quickly that you'll need for now, and leave. It would be illegal for you to remove the locks if you don't own the property that's locked.

When I say support payments, I mean a claim for spousal support which a court could order in this situation, depending on your ex's income.

You should make an application for Legal Aid to get a free lawyer as soon as possible. If you apply through your local women's shelter it should go faster.

When packing up your things, remember to take your important papers: identification, licenses, tax returns, insurance policies. Those would be hard to replace.

Customer: replied 2 years ago.
the moment i am asked to leave or evicted i must leave that moment? dont even get 24 hrs or anything
Expert:  Ulysses101 replied 2 years ago.

Technically, no. You're not a tenant. And unless you're either married or on title you don't have any independent right to be there. A judge could give you occupational rights, but that would involve going to court. At this point the best thing for you is to get together your important papers and documents, personal goods that are valuable which you can carry, and get out of there for your own safety.

Expert:  Ulysses101 replied 2 years ago.

Is there anything further you'd like to discuss? I'm still here.

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